`#:55615
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`James R. Asperger (Bar No. 83188)
`jimasperger@quinnemanuel.com
`Rachael McCracken
`rachaelmccracken@quinnemanuel.com
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017-2543
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Kevin P.B. Johnson (Bar No. 177129)
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs (Bar No. 209282)
`toddbriggs@quinnemanuel.com
`Brice C. Lynch (Bar No. 288567)
`bricelynch@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
`
`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Eric Huang (pro hac vice)
`erichuang@quinnemanuel.com
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: (212) 849-7000
`Facsimile: (212) 849-7100
`
`Attorneys for Plaintiffs
`NANTWORKS, LLC and NANT HOLDINGS IP, LLC
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`UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
`MOTION TO STRIKE CERTAIN OPINIONS IN DR. SCHONFELD’S
`OPENING EXPERT REPORT REGARDING INFRINGEMENT
`
`
` CASE NO. 2:20-cv-7872-GW-PVC
`
`DECLARATION OF
`BRICE C. LYNCH IN SUPPORT OF
`PLAINTIFFS’ OPPOSITION TO
`DEFENDANTS’ MOTION TO
`STRIKE CERTAIN OPINIONS IN
`DR. SCHONFELD’S OPENING
`EXPERT REPORT REGARDING
`INFRINGEMENT
`
`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
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`
`Plaintiffs,
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`
`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`
`vs.
`
`Defendants.
`
`
`
`Case 2:20-cv-07872-GW-PVC Document 444-1 Filed 05/17/24 Page 2 of 3 Page ID
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`#:55616
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`I, Brice C. Lynch, declare as follows:
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`1.
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`I am an attorney duly licensed to practice law in the State of California
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`and admitted before this Court. I am an attorney at Quinn Emanuel Urquhart &
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`Sullivan, LLP, counsel for Plaintiffs NantWorks LLC and Nant Holding IP, LLC
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`(“NantWorks”). I have personal knowledge of the facts set forth in this declaration,
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`and if called as a witness I would testify competently to those facts.
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`2.
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`Exhibit 1 is a true and correct copy of the deposition transcript of Charles
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`Christopher Harbinson, dated October 19, 2023. The deposition and the transcript
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`were designated “Contains Confidential Attorney Eyes Only Material. ”
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`3.
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`Exhibit 2 is a true and correct copy of the Expert Report of James Storer,
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`served on January 30, 2024. This was designated “Highly Confidential – Attorney
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`Eyes Only.”
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`4.
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`Exhibit 3 is a true and correct copy of the transcript of the Markman
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`Hearing held in this action on September 23, 2021.
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`5.
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`Exhibit 4 is a true and correct copy of the deposition transcript of Pavan
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`Chayanam, dated October 10, 2023. The deposition and the transcript were
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`designated “Highly Confidential Attorneys’ Eyes Only” and “Contains Highly
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`Confidential Source Code.”
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`6.
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`Exhibit 5 is a true and correct copy of the deposition transcript of Fred
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`Fortaleza Fernandez, Jr., dated November 16, 2023. The deposition and the transcript
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`were designated “Highly Confidential – Attorney Eyes Only” and “Highly
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`Confidential Source Code.”
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`7.
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`Exhibit 6 is a true and correct copy of a letter correspondence from
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`counsel for defendants, Danielle T. Williams, to me dated February 23, 2024. The
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`letter was designated as “Highly Confidential – Attorney’s Eyes Only.”
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`8.
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`Exhibit 7 is a true and correct copy of the transcript of the hearing on
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`Defendants’ Partial Motion to Dismiss Plaintiffs’ First Amended Complaint held in
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`this action on February 25, 2021.
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`-1-
`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
`MOTION TO STRIKE CERTAIN OPINIONS IN DR. SCHONFELD’S
`OPENING EXPERT REPORT REGARDING INFRINGEMENT
`
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`Case 2:20-cv-07872-GW-PVC Document 444-1 Filed 05/17/24 Page 3 of 3 Page ID
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`#:55617
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`9.
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`Exhibit 8 is a true and correct copy of the Expert Report of Patrick F.
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`Kennedy, Ph.D, dated January 30, 2024. This was designated as “Confidential –
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`Attorneys’ Eyes Only.”
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`
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`10. Exhibit 9 is a true and correct copy of the deposition transcript of Dr.
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`Dan Schonfeld, dated April 10-11, 2024. The deposition and the transcript were
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`designated “Highly Confidential, Attorneys’ Eyes Only.”
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`I declare under penalty of perjury under the laws of the United States of
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`America and the State of California that the foregoing is true and correct, and that this
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`declaration was executed in Walnut Creek, California, on May 17, 2024.
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`By
`/s/ Brice C. Lynch
`Brice C. Lynch
`
`
`
`-2-
`Case No. 2:20-cv-7872-GW-PVC
`DECLARATION OF BRICE C. LYNCH IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS’
`MOTION TO STRIKE CERTAIN OPINIONS IN DR. SCHONFELD’S
`OPENING EXPERT REPORT REGARDING INFRINGEMENT
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